Inspectors to enter into Recognizance. Power to Magistrates to inspect Weights and Measures. Penalty for counterfeiting Stamps on Weights and Measures. XVI. And be it enacted, That every Person appointed an Inspector of Weights and Measures as aforesaid shall forthwith enter into a legal Security to the King, to be sued for in any Court of Record, in the Sum of One hundred Pounds, for the due and punctual Performance of the Duties of his Office, and for the Safety of the Copies committed to his Charge, and for their due Restoration immediately on his Removal or other Cessation from Office; and every such Inspector shall, on receiving due Notice, attend to examine, compare, and stamp, if so required and found correct, such Weights and Measures as shall be produced to him; and he shall keep a Book, wherein he shall enter Minutes of all such Comparisons, and give a Certificate under his Hand of every such Stamping or Verification, if required so to do. XVII. And be it enacted, That it shall be lawful for any Two or more Magistrates of any County, or of any City or Town being a County within itself, or for any Sheriff or Magistrates of any Burgh or Town Corporate in Scotland, within their respective Districts, to enter any Shop, Store, Warehouse, Stall, Yard, or Place whatsoever, wherein Goods shall be exposed or kept for Sale, or shall be weighed for Conveyance or Carriage, and there to examine all Weights and Measures, Beams and Scales, or other Weighing Machines, and to compare and try the same with the Copies of the Imperial Standard Weights and Measures required or authorized to be provided under this Act, and to cause the same to be taken possession of and detained until they shall have been examined by the nearest Inspector; and if upon such Examination it shall appear that the said Weights or Measures Beams and Scales, or other Weighing Machines, are light or otherwise unjust, the same shall be forfeited and destroyed, and the Person or Persons in whose Possession the same were found shall be liable in a Penalty of any Sum not exceeding Five Pounds: Provided always, that any Person who shall neglect or refuse to produce for the Inspection of such Magistrates, when thereto required, all Weights and Measures, Beams, Scales, or other Weighing Machines which shall be in his Possession, or shall otherwise obstruct or hinder such Magistrates, shall be liable to a like Penalty, and also that no such pecuniary Penalty shall be incurred if he, she, or they shall prove to the Satisfaction of such Magistrates that such Weights and Measures, Beams and Scales, or other Weighing Machines produced or found in his Possession, have not been in use since the passing of this Act. XVIII. And be it enacted, That if any Person or Persons shall make, forge, or counterfeit, or cause or procure to be made, forged, or counterfeited, or knowingly act or assist in the making, forging, and counterfeiting, any Stamp or Mark now used or which may hereafter from Time to Time be used for the stamping or marking of any Weights or Measures, to denote that any such Weight or Measure has been compared, adjusted, and approved to be of the due Weight or Measure required by Law, shall for every such Offence forfeit a Sum not exceeding Fifty Pounds or less than Ten Pounds; and if any Person shall knowingly sell, utter, dispose of, or expose to sale any Weight or Measure with such forged or counterfeit Stamp or Mark thereon, every 5 every Person so offending shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds or less than Forty Shillings, to be recovered in a summary Way as herein-after provided; and that all Weights and Measures with such forged or counterfeited Marks shall be seized, forfeited, and condemned. Measures XIX. And be it enacted, That all Copies of the Imperial Stan- Copies of dard Weights and Measures which may have been worn by Time, the Standard and mended in consequence of any Wear or Accident, shall forth- Weights and with be sent to the Exchequer for the Purpose of being again which shall compared and verified, and shall be stamped as mended Copies have been worn of the Imperial Standard Weights and Measures; provided such and mended to Weights and Measures have been so mended that the Auditor, be sent to be Comptroller General, or other superintending Officer appointed re-verified. for such Verification shall deem them fit to be used for the Purposes of Standards; and every new Comparison and Verification shall be indorsed upon the original Indenture of Verification, and such Weights and Measures shall be so stamped upon Payment of Fees of Verification only. fied. As to Penalties in England and Ireland. XX. And be it enacted, That there shall be kept by the Auditor, Officer at Comptroller General, or other superintending Officer at the Ex- Exchequer to chequer, an Account or Register of all Copies of the Imperial keep a Register Standard Weights and Measures, or the Parts or Multiples thereof, of Copies verithat shall have been verified at the Exchequer at Westminster. XXI. And be it enacted, That in England and Wales and in Ireland all Penalties and Forfeitures which shall be incurred under any of the Provisions of the said recited Act of the Fifth Year aforesaid, or this Act, shall be paid to the Treasurer of such County; and in case such Conviction shall take place on Information, then One Half to the Informer or to the Person who may sue for the same, and the Remainder to the Treasurer of the County or County of a City in which they shall be respectively recovered, and be applied to and make Part of the County Rate, or of such other Funds as shall be liable, under the Provisions of this Act, to the Cost of providing and maintaining Copies of the Imperial Standard Weights and Measures; any thing in the said recited Act of the Fifth Year aforesaid to the contrary notwithstanding. XXII. And be it enacted, That in all Counties in England and Wales and in Ireland all Penalties under this Act shall be sued for and recovered before Two or more Justices of the Peace at Petty Sessions, or before the Mayor or other Chief Magistrate of any City, Borough, Town, or Place within whose Jurisdiction the Offence shall have been committed, and that the Conviction may be drawn up according to the following Form, or in Words to the like Effect: BE it remembered, That on the in the Year of our Lord Day of 'A. B. is convicted before me [or us] One [or Two] of His Majesty's Justices of the Peace for the [here specify the Offence, ' and the Time and Place when and where committed, as the Case may be,] contrary to an Act passed in the "Year of the Reign of King [as the Case may be]; and I do ad'judge that the said A. B. hath forfeited for L 2 said • Offence Form of Con viction. Appeal to next General Quarter Sessions of the Peace. As to Penalties in Scotland. Appeal in Scotland to Offence the Sum of [here insert the Penalty). Given under my Hand and Seal [or our Hands and Seals] the Day and Year first above written.' XXIII. And be it enacted, That any Person convicted of any Penalty under this Act in England and Wales or in Ireland may appeal to the next General Quarter Sessions of the Peace for the County, or City or Town being a County within itself, against such Conviction, on giving Security in Double the Amount of such Penalty within Forty-eight Hours after the Conviction shall have been made; and the Decision thereupon made shall be final. XXIV. And be it enacted, That in Scotland all Penalties incurred under the Provisions of this Act, or of any of the beforerecited Acts, shall be recoverable, with Expences, either before the Sheriff of the County or the Magistrates of the Burgh or Town Corporate wherein the same may be incurred or where the Offender may reside, or before Two or more Justices of the Peace of such County, at the Instance either of the Procurator Fiscal of Court, or any Person who may prosecute for the same; and in the former Case the whole Penalties, after deducting all Charges, shall be applied in aid of the Funds liable, under the Provisions of this Act, to the Cost of providing and maintaining Copies of the Imperial Standard Weights and Measures in the Place where such Penalties shall be awarded; and where the Prosecution shall be at the Instance of a private Party, one Half of such Penalties shall go in aid of the aforesaid Funds, and the other Half to the Party who may prosecute for the same; and it is hereby provided, that it shall be competent for the said Courts respectively to proceed in a summary Way, and to grant Warrant for bringing the Parties complained of before them, and upon Proof on Oath by One or more credible Witnesses, or on the Confession of the Offender, or on other legal Evidence, forthwith to give Judgment on such Complaint, without any written Pleadings or Record of Evidence, and to grant Warrant for the Recovery of such Penalties and Expences discerned for, failing Payment within Fourteen Days after Conviction, by Poinding, or by Imprisonment for a Period, at the Discretion of the Court, not exceeding Sixty Days, it being hereby provided that a Record should be preserved of the Charge and of the Judgment pro nounced. XXV. And be it enacted, That in Scotland if any Person or Persons shall feel themselves aggrieved by the Sentence of any Commissioners Sheriff or Magistrates of Burghs or Towns Corporate, or Justices of Justiciary at of the Peace, pronounced in any Case arising under this Act, it Circuit Court. shall be lawful for such Person or Persons to appeal to the Commissioners of Justiciary at the next Circuit Court, or, where there is no Circuit Court, to the High Court of Justiciary at Edinburgh, in the Manner and under the Rules, Limitations, and Conditions contained in an Act passed in the Twentieth Year of the Reign of His Majesty King George the Second, intituled An Act for taking away and abolishing Heritable Jurisdictions in Scotland, with this Variation only, that such Person or Persons so appealing shall, in place of finding Caution in the Terms prescribed by the said Act, be bound to find Caution to pay the Penalty or Penalties and Expences awarded against him or them by the 20 G. 2. c. 43. Sentence Sentence or Sentences appealed from, in the event of the Appeal or Appeals being dismissed, together with any additional Expences which shall be awarded by the Court in dismissing the said Appeal; and it shall not be competent to appeal from or to bring the Judgment of any Sheriff or Justices of the Peace acting under this Act under Review by Advocation, Suspension, or Reduction, or in any other Way other than as herein provided. XXVI. And be it further enacted, That an Act passed in the Parliament of Ireland in the Fourth Year of Queen Anne, intituled An Act for regulating Weights used in this Kingdom, and that Salt and Meal shall be sold by Weight, and another Act passed in the Parliament of the United Kingdom of Great Britain and Ireland in the Fifth Year of His late Majesty King George the Fourth, intituled An Act for the Indemnity of Magistrates using unlawful Weights in Ireland, shall be and they are hereby re pealed, except in so far as they relate to the Appointment, Duties, and Remuneration of Weighmasters. XXVII. Provided always, and be it further enacted, That Powers of nothing in this Act contained shall interfere with the Powers of Ward Inquests, the Ward Inquests in respect to Weights and Measures within &c. not to be the City of London and Liberties thereof and the Borough of interfered with. Southwark, nor prohibit, defeat, injure, or lessen the Right of the Mayor and Commonalty and Citizens of the City of London, or of the Lord Mayor of the said City for the Time being, with respect to the stamping or sealing Weights and Measures, or concerning the Office of Gauger of Wines, Oils, Honey, and other gaugeable Liquors imported and landed within the City of London and Liberties thereof. XXVIII. Provided always, and be it enacted, That nothing in this Act contained shall extend to prohibit, defeat, injure, or lessen the Rights granted by Charter to the Master, Wardens, and Commonalty of the Mystery of Founders of the City of London. XXIX. And be it enacted, That in all Actions brought against any Magistrate for any thing he shall do under this Act it shall be lawful for such Magistrate to plead the General Issue, and to give the special Matter in Evidence; and if a Verdict shall be given for the Defendant therein he shall have Double Costs. XXX. And be it enacted, That this Act may be amended, altered, or repealed by any Act or Acts to be passed in this Session of Parliament. SCHEDULE OF FEES To be taken by all INSPECTORS of WEIGHTS and MEASURES (except those appointed for the Cities of LONDON and WEST MINSTER or under the Authority of the Founders Company). and by all WEIGHMASTERS in IRELAND. For examining, comparing, and stamping all Brass Weights, within their respective Jurisdictions: Rights of Founders Company reserved. In Actions, Magistrates may plead the General Issue. Act may be amended, s. d. For examining, comparing, and stamping all Iron Weights, or Weights of other Descriptions not made of Brass, within their respective Jurisdictions: Each Half Hundred Weight Each Quarter of a Hundred Weight s. d. For each Stone, and all Weights under a Stone 0 2692 For examining, comparing, and stamping all Wooden Measures, within their respective Jurisdictions: s. d. 0 3 0 2 0 6 Each Yard For examining, comparing, and stamping all Measures of Capacity of Liquids, made of Copper or other Metal, within their respective Jurisdictions: 18408421 0 4. 0 In case of Cattle found straying upon any Road, &c. the Owner may be summoned before a Justice, or if not known, the Cattle may be impounded until the Owner appears. An Act to amend an Act passed in the Forty-ninth Year W HEREAS by the Laws now in force in Ireland, when any Swine or other Beasts are found wandering upon any public Road, or about the Streets or Passages of any Town, such Swine or Beasts may be seized, impounded, and sold for the Purpose of enforcing Payment of a Penalty: And whereas it may in many Cases be expedient that a Power should exist of inflicting Penalties for such Nuisances, without resorting to a Seizure of the Swine or other Animals causing the same: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, in case any Horse, Ass, Pig, Cow, or other Beast shall be found wandering upon any public Road, or about any Street or Passage of any Town, it shall and may be lawful for any Constable or other Person to procure the Owner of such Horse, Ass, Pig, Cow, or other Beast to be summoned before a Justice of the Peace of the County within which such Pig, Cow, Beast, or other Animal shall be so found wandering; and in case that such Constable or other Person as aforesaid should not know the Owner of such Horse, Ass, Pig, Cow, or other |